Neutral Citation No. - 2025:AHC-LKO:43923 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 625 of 2025 Applicant :- Dinesh Tekriwal Opposite Party :- State Of. U.P. Thru. Prin. Secy. Deppt. Home Lko Counsel for Applicant :- Shailendra Pathak Counsel for Opposite Party :- G.A.,Indu Prakash Singh Hon'ble Karunesh Singh Pawar,J. 1.The applicant has moved the present application praying for grant of anticipatory bail in case crime No.116 of 2025 under sections 420, 409 I.P.C., P.S. Kotwali Dehat, district Bahraich. 2.Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail. 3.This Court while giving interim protection has passed the following order on 30.5.2025: "1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State while power on behalf of opposite party no.2 has been filed by Mr. I.P. Singh, Advocate, which is taken on record. 2. This first anticipatory bail application has been filed with regard to FIR No. 116 of 2025, under Sections 420 and 409 IPC, Police Station Kotwali Dehat, District Bahraich. 3. As per contents of FIR, allegation levelled against applicant that he is the former treasurer of the Committee of Management of Society and has unauthorizedly transferred an amount of Rs.2,00,00,000 (two crores) from the account of Institution to one realty firm namely Vaibhav Buildtech Private Limited without any authoriziation or even any receipt or agreement being in the books of account. 4. It is submitted that applicant has falsely been implicated in allegations levelled against him only on account of dispute between the rival Committees of Management. It is submitted that investigation with regard to said allegation is still ongoing in which applicant undertakes to cooperate. It is submitted on the basis of instructions that in case the transfer of said amount is found to be unauthorized, the applicant undertakes to return the said amount to the institution. 5. Learned Additional Government Advocate as well as learned counsel for opposite party no.2 have opposed anticipatory bail with submission that there is not even a single paper indicating authorization by the Committee of Management with regard to transfer of such hefty amount as Rs.2,00,00,000/- (two crores) from the account of institution. Learned A.G.A. however, admits that investigation in the matter is still ongoing and that the applicant does not have any previous criminal history. 8. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, subject to further evidence being led in trial, it appears that primary gist of allegation levelled against applicant pertains to transfer of Rs.2,00,00,000/- (two crores) into the accounts of realty firm without authorization. The investigation is still ongoing in which applicant undertakes to cooperate. Thus, in view of law settled by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C/482 BNSS. 9. List this case on 03.07.2025, as fresh, showing the name of Sri I.P. Singh as counsel for opposite party. 10. Objections may be filed in the meantime. 11. Learned A.G.A. shall obtain instructions by the next date of listing regarding applicant's cooperation in the investigation. 12. In view of the above, it is provided that in the event of arrest, applicant Dinesh Tekriwal shall be released on interim anticipatory bail in aforesaid complaint case number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/I.O/S.H.O concerned with the following conditions:- (1) That the applicant shall make himself/herself available for interrogation by a police authorities as and when required and will cooperate with the investigation; (2) That the accused-applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (3) That the applicant shall not leave the country without the previous permission of the Court. (4) In case of default of any condition, it would be open for the Investigating agency to move application for vacation of this order." 4.Learned counsel for the applicant has submitted that in compliance of order extracted above, the applicant has filed bonds and he has been enlarged on anticipatory bail. It is submitted that the applicant undertakes to further cooperate in the investigation/trial. 5.Considering the interim protection granted by this court vide order extracted above which has not been misused by the applicant, the applicant has no criminal history, undertaking that the applicant shall cooperate in the investigation/trial, and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute. 6.The application is allowed accordingly. Order Date :- 30.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench